Bombay High Court: Continuous Cruelty Needed to Prove Section 498A Offense
The Bombay High Court recently ruled that for a case under Section 498A of the Indian Penal Code (IPC) to stand, a woman must prove she was subjected to cruelty continuously and close to the time of filing the complaint.
A division bench comprising Justice Anuja Prabhudesai and Justice NR Borkar was hearing a petition by an elderly couple, aged 80 and 75, who were accused under Section 498A based on a complaint filed by their daughter-in-law.
Case Background
The complainant married the couple’s adopted son in 2018 and lived with him in Dubai. However, after returning to India, she stayed with her in-laws and later filed a case against them.
In her complaint, she alleged that:
- Her mother-in-law instigated fights over small issues.
- Her father-in-law taunted her.
- Her husband subjected her to mental and physical cruelty.
High Court Criticizes Police Investigation
Despite an interim order from the High Court, the investigating officer proceeded with filing a chargesheet, which the court found highly questionable.
“The way the investigating agency handled the case shows an attempt to overreach the court’s order, which is unacceptable and must be condemned,” the bench stated.
Unjust Freezing of Bank Accounts
The court also criticized the authorities for freezing the bank accounts of the elderly in-laws, stating that this forced them to borrow money from relatives just to survive.
“Freezing their accounts was arbitrary and unlawful, violating their basic right to live with dignity,” the court remarked.
Court’s Final Decision
The judges emphasized that no clear evidence linked the elderly couple to any cognizable offense.
“Innocent individuals should not be forced to undergo legal battles, facing mental trauma, humiliation, and loss of reputation when there is no solid evidence against them,” the court ruled.
Since there was no strong case against the in-laws, the Bombay High Court quashed the FIR, preventing them from being dragged into a prolonged matrimonial dispute.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
